Circuit Court Judges Make Shocking Ruling In Travel Ban Case

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Donald Trump’s executive order putting a temporary slowdown on immigration continues to be beleaguered by progressive justices.

The framework for Trump’s suspension was based on seven countries the Obama administration deemed “areas of concern.”

Despite the legitimate concerns surrounding travel from these countries, the 4th Circuit Court of Appeals may have jeopardized national security.

The Appeals court made a faulty legal ruling and upheld the lower court’s decision.

From LifeZette:

President Donald Trump on Thursday suffered the latest blow to his efforts to temporarily halt travelers from a half-dozen terrorism-compromised countries.

This time, it was the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals. It joins U.S. District Court judges in Washington State and Hawaii. In addition, the San Francisco-based 9th Circuit Court of Appeals had blocked an earlier version of Trump’s executive order, which had targeted seven countries.

The ruling revealed a stark partisan split. All 10 judges in the majority are Democratic appointees, while the three judges who dissented are Republican appointees.

As previous courts have done, the majority opinion from the 4th Circuit interpreted Trump’s executive order as “Muslim ban” and cited his statements as a candidate and as president. The ruling recites a long list of those statements on Twitter and in speeches and interviews. It also cited statements by administration aides.

Chief Judge Roger Gregory wrote that Trump’s executive order contains “vague words of national security, but in context drips with religious intolerance, animus, and discrimination.”

The judges determined that the plaintiffs were likely to win on constitutional grounds — that the executive order violates the First Amendment’s protection of religion.

“Surely the Establishment Clause of the First Amendment yet stands as an untiring sentinel for the protection of one of our most cherished founding principles — that government shall not establish any religious orthodoxy, or favor or disfavor one religion over another,” Gregory wrote.

“In their haste to reach the merits of the plaintiffs’ Establishment Clause claim, my colleagues in the majority neglect to follow the longstanding and well-defined requirements of Article III of the United States Constitution,” Agee wrote.

The dissenting opinion maintains the plaintiffs did not even have a legal right to sue in this case.

Hans von Spakovsky, a legal expert at the conservative Heritage Foundation, called the majority opinion “legal trash” and predicted it would end up at the Supreme Court. He noted that the text of Trump’s revised executive order does not even mention religion. Yet, the majority opinion concludes it demonstrates religious intolerance.

“That is ridiculous,” he said. “That is absurd. Nothing in the executive order has any relation to religious intolerance.”

Christopher Hajec, litigation director of the Immigration Reform Law Institute, also blasted the ruling.

“They have ignored the most important point here, which is that the American people have the undeniable sovereign right to make war or exclude aliens for any reason or no reason at all,” he told LifeZette.

By focusing on the statements of Trump and his aides, Hajec said, the ruling suggests that the exact same executive order issued by a different president would be legal. It is a point that the law group raised in a friend-of-the-court brief supporting the president’s claim. One of the judges asked a similar question during oral arguments.

The original executive order covered seven countries that either sponsor terrorism or have non-functioning governments that make background checks of its citizens difficult — Libya, Iran, Iraq, Yemen, Somalia, Sudan and Syria. The revised order dropped Iraq from the list, made clear that it did not apply to legal permanent residents of the United States, and deleted references to giving priority to asylum-seekers claiming religious persecution.

The order sought to impose a 90-day freeze on travelers from those countries to give U.S. officials time to review screening procedures. It also included a 120-day freeze on refugee resettlement and a reduction in the overall number of refugees America would take this fiscal year.

Notwithstanding a string of adverse court rulings, statistics indicate that the Trump administration has dramatically slowed the pace of refugee resettlement.

The man who authorities say set off a bomb that killed 22 people and injured dozens at a concert in Manchester, England, this week reportedly spent several weeks in Libya and Syria.They are two of the countries on Trump’s list. Hajec said the Manchester bombing is exactly the type of incident that the president was seeking to prevent.

At least until the Supreme Court weighs in — if the justices decide to take the case — the United States will not be able to prevent people from those countries from coming into the country without actionable intelligence against specific individuals.

“It could be because of that, our national security is at risk,” Hajec said.

Conservatives aren’t the only ones who find the legal opposition to Trump’s travel suspension unsound.

From Fox News:

Longtime Democrat and Harvard Law professor Alan Dershowitz said the appeal should not have been necessary because [U.S. District Court Judge Theodore] Chuang never should have ruled against it in the first place.

Dershowitz said the two judges who blocked the ban focused so heavily on President Trump’s campaign rhetoric and not the text of the order, that he believed if President Obama issued the exact same order it would have been upheld.

“That’s not the way the law is supposed to operate,” Dershowitz said. “I do not believe this is a Muslim ban.”

[…]

He said the blockages of Trump’s travel ban are the first time he has seen courts focus on “the ambiguous rhetoric of a candidate.”

The constitution gives the president broad powers to limit immigration. Some believe the United States needs a moratorium on immigration, as has been done in the past.

If the Supreme Court hears the case, as expected, and upholds the Appeals court’s decision, it could have unsettling consequences for national security.

Dershowitz is completely correct. The judges can only rule on what is before them. “Context” has no standing. Also, the injection of obviously false opinions such as “muslim ban” is unacceptable, when it is so provably false. The order did not affect countries containing about 85% of the world’s muslims. That is a very flimsy ban!

Exactly, but these liberal judges have to be weeded out and targeted, make the whole country aware of who they are and their bad decisions. There are enough crazies on both sides of politics to scare the hell out of them.

What do you expect from COMMUNIST so-called “democrats”. They are on a fast track to destroy this country to carry on OSCUMBAG’S “legacy”. Time to get RID of these anti-American “judges”, and replace them with individuals that follow our CONSTITUTION and LAWS. (not “legislate form the bench”)

“THE JUDGES DETERMINED THAT THE PLAINTIFFS WERE LIKELY TO WIN ON CONSTITUTIONAL GROUNDS — THAT THE EXECUTIVE ORDER VIOLATES THE FIRST AMENDMENT’S PROTECTION OF RELIGION.” And how are these people/countries deserved of our constitutional and first amendment rights when they are not citizens of the US? Its insane!!

These are not “True Law Abiding Judges” They are political activist put on the Bench by the Communist lawlessness of the Obama adminsitration and other Liberal dumbass politicians! It is time these Political Activists Judges are removed from the bench and have they law licenses revoked. They should never be allowed to hold a public office again! This is what happens with a Tyrannical over reaching Federal Government! This Activist lawlessness needs to be stopped and all those who believe in this lawlessness and are responsible for these political hacks need to be held accountable, brought to trial on Sedition charges for trying to bring down the US Constitution and Government! The “Deep State” has got to be sent to prison for a long time!

They all are protected by a so called good behavior tenure, meaning if the behave they cannot be removed, so this makes it near impossible to remove them, so what I would do is reassign them to another district far from their homes, that should shake them all up.

No that is not the way it works.The President nominates them and the senate approves them and only the Congress can impeach them. Wish they were voted in all of them.T.they would be more responsible to us.There are more than one Hundred of openings to the courts and no action there yet.They both Demos and Rinos are to busy with the Russian collusion. BS.

It is time to get rid of the Obama appointed judges for the security of this nation. It seems that they have no concern for the safety or security of this nation, it seems Obama found all the judges who have had brain surgery, the thinking and reasoning part have been removed. They evidently have very little knowledge of the law either. Oh that’s right they are democrats!

When is President Trump going to remove these judges that is against America’s safety. They need to be removed NOW. These people like this will eventually find that there is a problem. Now if the Media would list this guys full name and address he might not be so adamant about his rulings against American’s.

Some judges are elected most are appointed , which has become believed for life, the quickest way to neuter them is re-assign them to a lower court, like traffic court, then dump them, they will take their retirement and run…

The press is not going to do it…..you know the States, Goggle the names of all Judges and remember they all have been on TV and you can recognize them. Who knows they may change their mind when they start to recognize the damage they have done to the Nation. To bad Bill O’Reilly is not around any longer he would locate them.

One cannot face the prospect of having been wrong their whole life. They will take a hard line attitude regardless of the lack of sense it may make. They are wrong; they have always been wrong and their demise is the only correction for a lifetime of being on the wrong side of everything.

It is becoming very apparent that there are many of the Obama appointed judges that are adherents to the precepts of the “Shadow Govt” of the previous administration. Their actions are traitorous in nature and as such they should face removal from office.

Right ruling, wrong reason. Since Article I, Section 9 of the US Constitution forbids the federal government to regulate immigration, that should have been the instant end of the matter (and of all other immigration matters). But Democrats are even bigger control freaks than Republicans, so it all comes down to arguing with each other about which unconstitutional policies should be allowed and which shouldn’t. A pox on the houses of both anti-freedom parties.

I must disagree, Mr Knapp, with your initial assertion.. Article I Section 9 states the following, verbatim: ” The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person”– In other words, CONGRESS was prohibited from prohibiting immigration… and then only for twenty years. Statutorily, the regulation of immigration is in fact at the discretion of the President: he may at will impose a ban, and he is not required to provide justifications for it. Moreover, aliens wishing to come to the US are not citizens, and when not located in the territory of the US, are not protected by the Constitution. Therefore, the courts blocking the ban are in error and committing judicial overreach.

There is no enumerated power to regulate immigration on the part of the president in the Constitution. Therefore no such power exists (see the 10th Amendment).

With respect to Congress, not only is there no such enumerated power, but Article I Section 9 and Article V forbade even the creation of such a power by amendment until 1808. No such amendment has ever been proposed or ratified.

That’s why for the first 90 years of US history, Congress did not try to regulate immigration. They knew they had no power to do so. An 1875 activist Supreme Court decision started to erode the Constitution’s provisions on that, but even then it wasn’t until after World War II that a passport was required to enter or leave the US.

The Constitution clearly and unambiguously leaves the power to regulate immigration to the states. I don’t particularly like that idea, either (“open borders” is the only position consistent with either liberty or sanity), but it’s the “Supreme Law of the Land.”

These low life Democrats better leave our people and our country alone. They are doing everything they can to endanger all of us. We need to do something to prevent them from doing the evil and unconstitutional things they are doing to our country. Are there any suggestions that we may use to get rid of these sick, evil, low life democrats. Let us all come together to get them out of our politics in what ever legal way we can. I am open for suggestions.

The New World Order which is what Obama and the Democrat’s have worked so hard for 8 years to bring in with help from our fake Republican Leaders of course. They all want to depopulate the earth down to 500 million people who will just be slaves for the Elites. Google the Georgia Guidestones. What better way to kill off a lot of us than by dividing us and bringing in foreigners, mostly young men in good fighting condition, who also hate us and want us dead! George Soros has been trying to hire a million activist, really they are just communist useful idiots to riot in 90 cities this summer and I read one person say they would bring the destruction out into the suburbs this time and you know what will happen if they start trying to set peoples houses or cars on fire. The communist will kill off their useful idiots once they no longer need them, just like Hitler did the Brown Shirts. They want us on the Right to fight back so Martial Law will allow the UN troops to come into America and don’t think it’ll just be UN soldiers. The only thing that has saved us from that so far is we have so many guns and millions of experienced military vets they know they’ll have to fight too but they are scared now and desperate because of President Trump so be prepared for anything to happen at anytime now. By the way, if you can find a copy of Bill Ayers Weather Underground Manifesto written in the late 1960’s when he and his terrorist buddies were hiding out from the FBI you’ll find Obama was pretty much following it for Revolution, with updates of course for the times, like getting control of the Presidency, which they never dreamed they could do back in the 60’s and they thought they’d be fighting our military with the help of all the other communist countries military which they still plan to do that since Obama got rid of most of the experienced Generals and high ranking Officers and replaced them with people who are no doubt communist too. Bill Ayers was buddy, buddy with Castro and I think Obama opened relations with Cuba so Castro’s military men could get in America easier to be ready for the final violent takeover.

John, since you asked for suggestions. I am not an attorney but a naturalized American who is very concerned with what is going on in this country. With out going into my life story I thought that you may want to read the following because I believe that those Judges have no idea what they are dealing with and what can happen to us the law biding citizen. Over a year ago I read a post which made a lot of sense to me and when I see what happened yesterday in London I am convinced that those people hate us and try to destroy us. Here is the post and I am sorry I do not recall the person who wrote it to give proper credit. “Islam is not a religion, not a cult, it is a complete total 100% system of life. Islam has religious, legal, political economic, social and military component”. This should have been applied in the decisions of those judges because now if we have an attack they will have blood on their hands and we the people will hold them accountable.

first we need to start with the media.Then get rid of Soros and others like him.We have to many ignorant people in this country.Man what are this young snowflakes going to do when they cant get jobs because they are all brain dead.

Bring ’em in, and make them live in the judges’ neighborhoods. Let’s see how they like their daughters pestered by these 6th century freaks. Let’s see how they like worrying that their new neighbors might be donning dynamite underpants. In other words, let the the consequences of their so-called rulings fall upon their heads for a change, instead of the innocent citizens they are supposed to be protecting.

he didnt let the syrian refugees come here all innocent now all dead..so trump bombed. does that make sense? now we stand alone with syria who give a rats ass about polluting or desrtoying their own country what a joke he is and kids arent terrorists its sick how they didnt have to die oveer this paranoia

It is high time conservative and republican representatives grips with the fact that they are in power and hold the majority and that they can steam roll right over any liberal Democratic resistance if the wanted too. It’s high time that some of these liberal judges get impeached by the congress.

The constitution gives the president broad powers to limit immigration or stop it all together as this article states ( for any reason or none at all ). All these Leftist Un-American activist Judges need to be impeached for trashing and spitting on our Constitution for a political agenda the majority of American citizens do not now and never have supported!

Why is “religious intolerance” being applied in this instance, it is a protection of the American Constitution to which no foreign person is subject to as they are not American citizens? Try this in a muslim country…………

You live in a world decided by those who are against the founders of this nation. they have continually broken the back of this Government controlling contract. Now you and I will reap the results of a Judiciary gone bad. the 4th 9th should be visited with accusations of treachery and ignorance of the real laws of this nation….. When law and morality in our system of government contradict each other, you and i have the terrible alternative of either losing our moral sense or our losing respect for the laws. Don’t the legislators, Justices and https://uploads.disquscdn.com/images/b9da8b64bf6b6e8e18a6b0f5d8af33cf9360809ffd56695595d05d3fca11fbfa.jpg their appointees also belong to the same human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind?

Judges are protected from decisions they make in their court based on the Constitution. Not basing decisions on the Constitution steps out side their authority in their court room. This they are guilty of. Their actions are aiding in the potential deaths of Americans by allowing our enemies to enter our country. This makes them traitors and enemies of the state. Obama’s 2014 executive order gives the president the authority to declare them as such and transport them to Gitmo for a sentence of for the rest of their miserable useless lives..

Well, the Supreme court has agreed to take it, so I think they’ll rule in favor of the President. IF they don’t, then somebody is blackmailing some of the Justices. After all that has happened in London, SHOULD, but probably won’t, open people’s eyes to the dangers of allowing anybody, & everybody in without checking them to make sure they’re safe. I fear what’s happening in London is going to start happening a lot more in this country. According to the Constitution, the President HAS the legal right to bar anybody from coming in to this country, so all the lower courts are wrong.

His highness protected his choices by placing only those who would not differ in opinions at the highest levels in the government. We have been there and done that and soon one of the fired cronies under Holder and Lynch is going to give his side of the story and it is going to be a CMA beyond all imagination.

Bias judges is the main problem here using judgement of their own instead of law to rule on the action. If just one person in this country is harmed by anyone coming from those countries the judges who have ruled on this case should be held accountable. I believe our constitution,which no one seems to care about, gives the president the authority to restrict entry from any place and it does not mention whether the president is male/female/white/black.

This is just an extension of the America hating, communist, bath housing, community agitating, Trojan Horse. Muslim’s efforts to stoke the “resistance” to American values. We have more traitors in this country at this time than the gallows required to stretch their worthless necks.

It is my belief that every Judge who was put into office during the Obama Reign of Terror is a traitor and must be treated as such. I think they should be immediately removed from office, placed in a holding pen and then tried for High Crimes and Treason. I do believe it is a crime in this country to aid and abet an illegal act. The Judges, I believe, are acting in an illegal fashion by passing Judgement on a work of the Government to protect its Citizens.

New idea, raise the price of any visa to $10,000 to insure no one arrives with out means of support and increase the Vetting time to 1 year, also require a complete physical to prevent the spread of disease, an vaccinations against all current diseases, time and cost will slow down these turds some

William, I don’t know what has happened with Americas immigration policy. When my parents immigrated to the United States we had to have a sponsor, in good standing, who was responsible for us, to find a job, and a place to live but most of all if there would have been a problem and my parents had to return to their country of origin the sponsor was responsible for the return cost. Prior to the immigration approval, my parents had to undergo a physical at an American Embassy and all you mentioned had to be OK…meaning they had to be healthy. I don’t recall the cost but it was not cheap. Prior to